The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020
| Year | 2020 |
2020 No. 828
Public Health, England
The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020
Made 4th August 2020
Laid before Parliament 4th August 2020
Coming into force 5th August 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 19841.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.
The Secretary of State considers that the restrictions imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.
PART 1
Introductory provisions
Citation, commencement, application and general interpretation
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020.
(2) These Regulations come into force on 5th August 2020.
(3) These Regulations apply in England only.
(4) In these Regulations “the Blackburn and Bradford Regulations” means the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 20202.
PART 2
Restrictions on gatherings in the North of England (other than in Blackburn with Darwen or Bradford)
Meaning of “the protected area” in Part 2
2.—(1) In this Part “the protected area” means the area falling within—
Greater Manchester
(a) the area of Bolton Metropolitan Borough Council,
(b) the area of Bury Metropolitan Borough Council,
(c) the area of Manchester City Council,
(d) the area of Oldham Metropolitan Borough Council,
(e) the area of Rochdale Borough Council,
(f) the area of Salford City Council,
(g) the area of Stockport Metropolitan Borough Council,
(h) the area of Tameside Metropolitan Borough Council,
(i) the area of Trafford Metropolitan Borough Council,
(j) the area of Wigan Metropolitan Borough Council,
Lancashire
(k) the area of Burnley Borough Council,
(l) the area of Hyndburn Borough Council,
(m) the area of Pendle Borough Council,
(n) the area of Rossendale Borough Council,
West Yorkshire
(o) the area of Calderdale Metropolitan Borough Council, or
(p) the area of Kirklees Metropolitan Council.
(2) But this is subject to any change of protected area direction given by the Secretary of State.
Interpretation of Part 2: general
3.—(1) In this Part—
“change of protected area direction” has the meaning given in regulation 4(5);
“child” means a person under the age of 18;
“childcare” has the same meaning as in section 18 of the Childcare Act 20063;
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland;
“Crown land” means land in which there is a Crown interest or a Duchy interest;
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;
“elite sportsperson” means an individual who—
(a) derives a living from competing in a sport,
(b) is a senior representative nominated by a relevant sporting body,
(c) is a member of the senior training squad for a relevant sporting body, or
(d) is aged 16 or above and on an elite development pathway;
“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;
“parental responsibility” has the meaning given in section 3 of the Children Act 19894;
“the protected area” has the meaning given in regulation 2;
“public outdoor place” means any outdoor place to which the public have or are permitted access, whether on payment or otherwise, and includes—
(a) land laid out as a public garden or used for the purpose of recreation by members of the public;
(b) land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 19495, as read with section 16 of the Countryside Act 19686;
(c) land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 20007(see section 1(1) of that Act8);
(d) any highway to which the public has access;
(e) Crown land to which the public has access;
“vulnerable person” includes—
(a) any person aged 70 or above;
(b) any person who is under the age of 70 but has a medical condition which increases vulnerability to Covid-19 (the official designation of the disease which can be caused by coronavirus);
(c) any person who is pregnant.
(2) For the purposes of the definition of “elite sportsperson” in paragraph (1)—
(a)
(a) “elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—
(i) so that they may derive a living from competing in that sport, or
(ii) to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;
(b)
(b) “relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—
(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or
(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;
(c)
(c) “senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—
(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or
(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.
The emergency period and review of need for restrictions
4.—(1) For the purposes of this Part, the “emergency period”—
(a)
(a) starts when these Regulations come into force, and
(b)
(b) ends in relation to a restriction imposed by this Part on the day and at the time specified in a direction given by the Secretary of State under this regulation terminating the restriction.
(2) The Secretary of State must review the need for restrictions imposed by this Part at least once every 14 days, with the first review being carried out by 19th August 2020.
(3) As soon as the Secretary of State considers that any restriction set out in this Part is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must give a direction under this regulation terminating that restriction.
(4) A direction given under this regulation may—
(a)
(a) terminate any one or more specified restrictions (whether generally or in one or more specified local authority areas only);
(b)
(b) provide that any one or more specified local authority areas no longer fall within the protected area.
(5) A direction falling within paragraph (4)(b) is referred to in these Regulations as a “change of protected area direction”.
(6) Section 16 of the Interpretation Act 19789applies in relation to the termination of a requirement by a direction as it applies in relation to the repeal of an enactment.
(7) Where the Secretary of State gives a change of protected area direction, the Secretary of State—
(a)
(a) must—
(i) publish it on www.gov.uk, and
(ii) arrange for notice of it to be given, as soon as is reasonably practicable, in the London Gazette;
(b)
(b) may publish it in such other manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.
(8) Any other direction given by the Secretary of State under this regulation must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.
(9) In this regulation “specified” means specified in a direction given under this regulation.
Restrictions on gatherings in private dwellings
5.—(1) During the emergency period, unless paragraph (2) applies—
(a)
(a) no person may participate in a gathering in the protected area which consists of two or more persons and takes place in a private dwelling, including a houseboat;
(b)
(b) no person living in the protected area may participate in a gathering which consists of two or more persons and takes place in a private dwelling, including a houseboat, outside the protected area.
(2) This paragraph applies where—
(a)
(a) all the persons in the gathering are members of the same household or members of two households which are linked households in relation to each other;
(b)
(b) the person concerned is attending a person giving birth (“M”), at...
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